There is nothing ”historical” about the deep trauma survivors have carried with them in the intervening period. There is nothing historical about the legacy of that trauma, the lasting scars from the silence in the face of horror, and the intergenerational wounds carried in families across the country.

Devastatingly for our members in Inclusion Ireland, the scoping inquiry found that children in special schools were disproportionately affected; 17 schools accounted for 590 allegations involving 190 alleged perpetrators. It is a sad, well documented fact that children with intellectual disabilities are 4.6 times more likely to be abused than their nondisabled peers (World Health Organization Study).

The CSO confirmed a higher rate of abuse for disabled children in its 2022 report. The shocking reality that almost 25% of the total number of allegations of abuse arose in special schools must be faced.

The State has a unique opportunity right now to rectify some of the wrongs and to meaningfully and purposefully support people to access their fundamental right to justice. 

Since the publishing of the final report of the Farrelly Commission into the ‘Grace’ foster home abuse case, Inclusion Ireland alongside leading advocates, survivors, and family members have been documenting lessons learned. One of the biggest lessons from Grace was how the commission terms of reference did not give adequate recognition to her communication as a non-speaking woman. She was therefore, in effect, silenced in a process that could have done a lot more to ensure her voice was heard.

Many of the survivors who attended special schools will have communication rights that must be recognised, just like Grace. Some of the survivors will be non-speaking, some individuals cannot rely on speech to communicate, and may use technology or other forms of communication to get their message across. 

These facts should in no way inhibit a person’s right to access justice. These facts mean that the commission needs to be designed in a specific way that recognises the communication preferences of the survivors and puts every measure in place to ensure survivors can communicate their stories, in their own way. The commission must see non-speaking people’s communication and testimony as just as valuable and valid as any other survivor.

On a practical level, there are a number of measures that can be put in place to make this a reality. The role of the intermediary, independent advocacy, and the role of the family can all be named in the terms of reference.

Consideration can be given to the person’s right to express their will and preference and to make decisions, with a specific naming of the assumption (as per our Assisted Decision Making legislation) that every person has the capacity to make decisions for themselves, no matter what level of support they might need to do so. Specific reference can be made to reasonable accommodations and the use of accessible information as part of the inquiry process.

The commission could have independent oversight from disabled persons organisations and human rights bodies to ensure that it meets its obligations under the United Nations Convention on the Rights of Persons with Disabilities.

To not give due weight to these considerations means that we have failed the survivors yet again and failed to learn from the stories of exclusion and injustice that disabled people and their families have communicated so clearly to the State.

The systematic abuse of children in special schools is an absolute stain on our society. How can we face this, make this right? How do we break this cyclical pattern and say with real clarity and conviction, never again? 

There is a moment now to do just this. The terms of reference for the commission have not been published yet. There is a unique opportunity to get them right.

Survivors of trauma often talk about their silencing.

The survivors we know are twice silenced; once through their abuse and the second time by a failure to recognise and support their communication as valid and meaningful. Today we will write to the minister to highlight what needs to be done so that people with intellectual disabilities can have their rights vindicated. The dark hallmarks of our past as a society; turning the other cheek, institutional power and infallibility must be relegated to the past. It is beyond time for voices that were long silenced to be fully heard.

• Derval McDonagh is CEO of Inclusion Ireland.